Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
Tacloban City Police Office
Station II

LMPSINV-

MEMORANDUM

FOR : PCOL. ALDRIN T. GABISAN

City Director
Tacloban City Police Office

FROM : PLT DELBERT MAY J. BALDESCO

Officer-In-Charge
TCPO Station I

SUBJECT : Investigation Report re shooting Incident that resulted

to the death Vito Dela Cuesta

DATE : July 8, 2019

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I. AUTHORITY:

1. Rad msg from RD PRO8 with CN: RIDMD8-03-06-2018-098 and

CN NSPIDMB-03-06-2018-098;

II. MATTER INVESTIGATED:

2. A shooting incident that transpired on July 7, 2019 about 10:00

o'clock in the evening near the UP Botanical Garden, Magsaysay Boulevard,
Tacloban City;

3. To determine the criminal liabilities of the suspect/s and to know

the premises surrounding this particular incident;

III. FACTS OF THE CASE:

4. That on July 7, 2019 at about 11:30 in the evening, RICARDA

DALISAY personally appeared to our office and reported that she
witnessed the killing of VITO DELA CUESTA , 40 years old,
Filipino, married, lawyer and a resident of Brgy. 25, Tacloban City,
Leyte, was shot by Roberto Santos y Canonoy, in the presence of a
certain Sonya Sanchez y Cabigon, with a caliber 45 handgun at
the Magsaysay Boulevard Tacloban City at around 10;00 PM of
July 7, 2019. As a consequence thereof, the victim sustained four
(2) gunshot wounds on the different parts of his body that resulted
to his instantaneous death while suspects scampered and
disappeared in the dark bringing along the weapon used in the
said incident. Cadaver of the victim was moved to the Divine Word
Hospital for post mortem examination;

5. That upon receipt of the said information, Patrolman Van Winston

Lledo and Mehlahni C. Calceta were immediately dispatched by the

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 undersigned to conduct thorough and exhaustive investigation and
verification at the said location to identify the perpetrator/s and if affirmative
to conduct hot pursuit operation.
6. That upon arrival at UP Botanical Garden, Magsaysay
Boulevard Tacloban City, the team confirmed that a shooting incident
transpired victimizing Vito Dela Cuesta allegedly perpetrated by Pedro
Santos y Canonoy in the presence of Sonya Sanchez y Cabigon.

IV. DISCUSSION:

7. That upon arrival at UP Botanical Garden, Magsaysay Boulevard

Tacloban City it was observed by the investigating team that populace of said
barangay were mum and afraid to give information, to identify the
perpetrator/s in the said shooting incident;

8. As investigating team dig deeper in the conduct of investigation, it

was unearthed that the motive of the incident is for revenge and vindication
under an assassination plot motivated by a certain Camila dela Torre
whereby an offer of reward was to be given to a certain Pedro Santos y
Canonoy if he is able to kill Vito Dela Cuesta,

9. In the Sworn Statement of RICARDA DALISAY, she averred that

before the shooting incident took place, she was doing her usual rounds of
selling balut in the vicinity of Magsaysay Boulevard and while traversing the
area near the UP Botanical Garden, she saw Atty. Vito Dela Cuesta, who is a
usual customer, emerge from his car and went towards Sonya Sanchez y
Cabigon. She later saw Pedro Santos emerge from the shadowy area of the
vicinity and thereafter shot Vito Dela Cuesta from the back of his head. This
prompted Vito Dela Cuesta to fall flat on the ground face down. Pedro Santos
fired second shot hitting Dela Cuesta on back. Thereafter, Pedro Santos and
Sonya Sanchez rode their motorcycle and disappeared in the darkness.

10. In the Sworn Statement of the witness CELESTE FAITH S.

DELA CRUZ that while having her duty as a guard of the Hall of Justice
located at Magsaysay Boulevard Tacloban City, she heard two gun shots fired
and ten minutes thereafter, she saw Ricarda Dalisay running towards the
guard house where she was stationed shouting “my ginpusil. Hi Attorney
ginpusil”. Upon hearing this, she immediately called the nearest Police
Station to ask for assistance. Ten minutes thereafter, the police came and
cordoned the area.
11. In the statement given witness LUNA Sanchez, she averred
that she is the secretary of a certain CAMILA DELA TORRE and that in the
afternoon of July 1, 2019, she saw Pedro Santos enter the office of Ms.
Camila dela Torre. That while she was about to enter the office, she overheard
the agreement of Ms. Camila dela Torre and Mr. Pedro Santos, “Kill Atty. Vito
dela Cuesta through whatever means, in exchange of One Million Pesos (Php
1,000,000.00) payable in installment. Forty Percent (40%) will be paid today
and the remaining will be given upon execution’.

12. Cadaver of VITO DELA CUESTA was later subjected Post-

Mortem Examination by ATTY. ROBERT ABUEVA, Municipal Health Officer of
City of Tacloban on July 8, 2019;

13. Based on the Post Mortem Examination Report, VITO DELA

CUESTA sustained;

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 1. 1. Gunshot wound with a point of entry at the occipital region,
directly towards the midline penetrating the cranial cavity and
lacerating the occipital lobes and the cerebellar hemisphere,
with point of exit of the slug at the frontal region of the head
above the nose bridge measuring 8 cm.
2. 2. Gunshot wound, with point of entry at the right scapula of
the body, directing towards the thoracic cavity penetrating and
lacerating the right lung of the victim which measures 7cm x 6
cm. no point of exit was noted.

14. The gunshot wounds incurred by VITO DELA CUESTA as

reflected in Post Mortem Examination Report indicate that there was an
overkill or use of excessive force in attacking the victim;

V. CONCLUSSION:

15. Records of the incident during the conduct of investigation

and statement of the witness suggest that the killing was emanated from an
agreement between Camila dela Torre and Roberto Santos.

VI. RECOMMENDATION:

16. WHEREFORE, in view of the foregoing, the undersigned

respectfully recommends that the case for Murder be filed against the suspect
at the Office of the City Prosecutor of Tacloban.

Prepared by:

PO3 Christian A Bolok

Investigator-On-Case

Concurred by:

PLT DELBERT MAY J. BALDESCO

Officer-In-Charge

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